Current through all regulations passed and filed through September 16, 2024
The operation of small unmanned
aircraft systems ("UAS"), including drones and model aircraft, on university
property and in university airspace (collectively, "university property") is
regulated by the federal aviation administration ("FAA") pursuant to 14 C.F.R.
Part 107 ("Part 107") and 14 C.F.R. Part 101 ("Part 101"). This rule seeks to
ensure compliance with those legal obligations, to protect privacy, and to
reduce risks to safety and security.
This rule applies to the operation of
all UASs on university property by all persons, including, without limitation,
university faculty, employees, students, contractors, and visitors. This rule
also applies to the operation of UASs on or above non-university property in
support of university-sponsored or university-sanctioned
activities.
(A)
General requirements applicable to all UASs and all
persons operating UASs on university property for any purpose
(1)
All UASs operated
on university property must have a wingspan of six feet or
less.
(2)
All UASs operated on university property must weigh
less than fifty-five pounds at take-off.
(3)
If a UAS weighs
more than fifty-five one-hundredths pounds, then it must be registered with the
FAA. If a UAS is required to be registered, the FAA-issued registration number
must be affixed to the UAS so that the registration number is clearly
visible.
(4)
The B4UFLY smartphone application must be downloaded
and utilized by all persons operating a UAS on university property. The B4UFLY
application was created by the FAA to assist UAS operators determine whether
there are any restrictions or requirements in effect at the location where they
want to fly.
(5)
UAS operators must be at least eighteen years or
older.
(6)
UAS operators that have obtained permission to operate
a UAS on university property under this rule must notify and be registered with
the Miami university police department at least twenty-four hours in advance of
such operation.
(7)
Except for public entities (as defined below), any
person that is not a university student or employee who wishes to operate a UAS
on university property must enter into a written agreement with the university
that, among other things, requires such person to:
(a)
Hold the
university harmless from any claims or harm to individuals caused by the
person's operation of the UAS;
(b)
Indemnify the
university for any damages to property owned or used by the university that are
caused by the person's operation of the UAS; and
(c)
Obtain a
liability insurance policy with at least one million dollars in liability
coverage, and add the university as an additional insured under such insurance
policy.
(8)
Any person wishing to operate a UAS on university
property shall be personally responsible for complying with all university
policies and all applicable state and federal laws. All persons operating a UAS
on university property do so at their own risk.
(9)
No person may
operate a UAS for purposes of recording or transmitting visual images unless
such purpose is approved in writing by the associate provost for research (for
university students and instructional staff) or by the director of
environmental health and safety offices (for persons who are not university
students or instructional staff). If such permission is given, an operator of a
UAS equipped with a camera or videorecorder must take all reasonable measures
to avoid violations of areas normally considered private, and such UAS may not
be used to monitor or record areas where there is a reasonable expectation of
privacy in accordance with accepted social norms. These areas include, but are
not limited to, restrooms, locker rooms, individual residential rooms, changing
or dressing rooms, and health treatment rooms. No UAS shall be used to monitor
or record residential hallways, residential lounges, or the insides of campus
daycare facilities. No UAS shall be used to monitor or record sensitive
institutional or personal information which may be found, for example, on an
individual's workspaces, on computers or other electronic
displays.
(B)
Operation of UAS for recreational purposes or limited
educational purposes
Persons operating a UAS as a hobby or
for recreation are required to comply with all of the provisions of Sections
101.41
to
101.43 of Part 101. As used in
this rule, the term "Recreational Purpose(s)" means the pursuit of an activity
outside of one's regular occupation that is engaged in for fun, relaxation, or
as a means of refreshment or diversion.
Generally, the operation of a UAS by
university faculty, staff, or students in their official capacities will not
qualify as a UAS operation for recreational purposes. However, a university
student's operation of a UAS under the following limited circumstances
("limited educational purpose(s)") will nevertheless qualify as an operation of
a UAS under Part 101, and therefore be deemed an operation for recreational
purposes: when a university student's operation of a UAS is a component of the
student's science, technology, or aviation-related educational curricula; or
when a university student's operation of a UAS is a component of the student's
other coursework, such as television and film production or the
arts.
Note that student operation of a UAS
will not qualify as a limited educational purpose if the UAS is operated in
support of a faculty member's research or other sponsored activity, or the
student receives any form of compensation directly or incidentally related to
the student's operation of the UAS. University faculty may assist students who
are operating a UAS for limited educational purposes, provided that the student
maintains operational control of the UAS such that the faculty member's
manipulation of the UAS's controls is incidental and secondary to the student's
(e.g. the faculty member steps in to regain control in the event a student
begins to lose control of a UAS, to terminate a flight, etc.). In all other
circumstances, faculty operation of a UAS does not qualify as a recreational
purpose or limited educational purpose. For further explanation and examples of
student uses of a UAS for limited educational purposes, please see the FAA's
interpretive memorandum dated May 4, 2016, with the subject line "educational
use of unmanned aircraft systems (UAS)."
(1)
Any person
wishing to operate a UAS for a recreational purpose or for a limited education
purpose must comply with each of the following preflight requirements:
(a)
Submit a request
in writing to the associate provost for research:
(i)
Outlining the
proposed flight schedule and proposed flight activity;
(ii)
Identifying any
person that will be operating a UAS on university property;
(iii)
Providing the
FAA registration number (if applicable);
(iv)
Providing the
manufacturer and model number of the UAS to be operated;
(v)
Providing all
pertinent specifications of the UAS (e.g. weight, maximum range, maximum
altitude, whether the UAS has dual controls, whether the UAS has "return home"
programming, etc.); and
(vi)
Indicating whether such UAS operation will involve
recording or transmitting visual images.
(b)
Obtain the
written permission of the associate provost for research as to the time, place,
and manner of the proposed UAS operation.
(c)
UAS operations
for a recreational purpose or for a limited educational purpose will be limited
to the following areas (each an "authorized location"):
(i)
Chestnut fields
(105 W. Chestnut avenue, behind the parking lot).
(ii)
Ditmar parking
lot (behind Miami university police department and Ditmer parking
lot).
(iii)
Bonham field/Fryman parking lot
(d)
At the
direction of the associate provost for research, a person wishing to operate a
UAS for a recreational purpose or for a limited educational purpose must
reserve an authorized location by contacting the director of special events at
Miami recreation.
(e)
Once written permission has been obtained from the
associate provost for research, provide advanced notice to all airport
operators and airport air traffic control towers (if any) within a three mile
radius of the UAS flight path. Any notice should include the proposed flight
path, flight date and time, and any information requested by such airport
operators and airport air traffic control towers.
(f)
Persons operating
a UAS on the university's Oxford campus must notify the Miami university
airport and McCullough-Hyde memorial hospital.
(2)
Any person
operating a UAS for recreational purposes or for limited educational purposes
shall abide by the following operational requirements:
(a)
Operate the UAS
strictly for a recreational purpose or for a limited educational purpose and
not for instructional, research, work, compensation/hire, or any other business
purpose.
(b)
Comply with all applicable parts of Part 101 and
operate the UAS in accordance with the safety code promulgated by the academy
of model aeronautics; provided, that if there is a conflict between this rule
and any requirements found in Part 101 or the safety code promulgated by the
academy of model aeronautics, the requirements contained in this rule shall
control.
(c)
Review and understand all airspace restrictions that
may apply to the operation of a UAS, including, without limitation, any
temporary flight restrictions, and any restricted or special use
airspace.
(d)
Operate the UAS at or below two hundred feet. The
associate provost for research may grant special permission to operate a UAS up
to four hundred feet.
(e)
Operate the UAS at or below a ground speed of fifty
miles per hour. The associate provost for research may grant special permission
to operate a UAS at a ground speed up to one hundred miles per
hour.
(f)
Operate the UAS at all times within the operator's line
of sight without visual aids (such as binoculars, telescope,
etc.).
(g)
Operate the UAS so as to never interfere with manned
aircraft, and always yield the right of way to manned aircraft.
(h)
Operate the UAS
in class G airspace as indicated by the B4UFLY application.
(i)
Avoid operating a
UAS in highly populated areas, near high traffic areas, and near public
thoroughfares.
(j)
Never operate a UAS:
(i)
At night or in
inclement weather;
(ii)
From a moving vehicle;
(iii)
Directly over
any unprotected human being;
(iv)
Over or within
one hundred feet of stadiums, sports events, graduation commencement or other
ceremonies, or emergency response efforts (e.g. fires, law enforcement
activities, etc.).
(v)
While under the influence of drugs or alcohol;
or
(vi)
Inside a building (unless specific permission for such
activity is obtained from the associate provost for research).
(C)
General requirements applicable to all persons (other
than public entities) operating UASs for any purpose other than for
recreational purposes or limited educational purposes
Persons operating a UAS on university
property for purposes other that recreational purposes or limited educational
purposes are required to either obtain a COA from the FAA or comply with all of
the provisions of Part 107. To operate a UAS under Part 107, a person must
first pass an aeronautical knowledge test at an FAA-approved knowledge testing
center; complete an application for a remote pilot certificate (FAA form
8710-13) and submit it to the FAA; and pass a TSA security background check. A
person successfully completing these steps will be issued a remote pilot
certificate from the FAA and be considered a "remote pilot in command" capable
of operating a UAS for non-hobby or non-recreational purposes pursuant to Part
107.
Any person (other than a public entity)
operating a UAS on university property for any purpose other than recreational
purposes or limited educational purposes must:
(1)
Either possess a
valid and unexpired remote pilot certificate issued by the FAA, or be under the
direct supervision of a remote pilot in command with a valid and unexpired
pilot certificate issued by the FAA (provided that the remote pilot in command
is available and capable of immediately taking direct control of the UAS at any
time during such operation); or possess a valid and unexpired COA issued by the
FAA; and
(2)
Operate the UAS pursuant to Part 107 or a valid and
unexpired COA, and within any limitations set forth in the written permission
issued under this rule.
(D)
Operation of UASs
by university faculty and university students for any purpose other than
recreational purposes or limited educational purposes
Any university faculty member or
university student wishing to operate a UAS on university property for any
purpose other than recreational purposes or limited educational purposes must
comply with each of the following requirements:
(1)
Submit a request
in writing to the associate provost for research:
(a)
Outlining the
proposed flight schedule and proposed flight activity;
(b)
Identifying any
person that will be operating a UAS on university property;
(c)
Providing the UAS
registration number (if applicable);
(d)
Providing the
manufacturer and model number of the UAS to be operated;
(e)
Providing all
specifications of the UAS (e.g. weight, maximum range, maximum altitude,
whether the UAS has dual controls, whether the UAS has "return home"
programming, etc.); and
(f)
Indicating whether such UAS operation will involve
recording or transmitting visual images.
(2)
Provide the
associate provost for research with a copy of either:
(a)
The remote pilot
in command's valid and unexpired remote pilot certificate, and a list of any
operational waivers the remote pilot in command has received from the FAA;
or
(b)
A copy of the valid and unexpired COA.
(3)
Obtain
the written permission of the associate provost for research as to the time,
place, and manner of the proposed UAS operation.
(E)
Operation of UASs
for other business purposes
Any university employee that is not a
university faculty member; all governmental entities, law enforcement agencies,
and public safety agencies (collectively, "Public Entities"); and any other
person wishing to operate a UAS on university property for compensation, hire,
or any other business purpose shall comply with each of the following
requirements:
(1)
Submit a request in writing to the director of health
and safety offices
(a)
Outlining the proposed flight schedule and proposed
flight activity;
(b)
Identifying any person that will be operating a UAS on
university property;
(c)
Providing the UAS registration number (if
applicable);
(d)
Providing the manufacturer and model number of the UAS
to be operated;
(e)
Providing all specifications of the UAS (e.g. weight,
maximum range, maximum altitude, whether the UAS has dual controls, whether the
UAS has "return home" programming, etc.); and
(f)
Indicating
whether such UAS operation will involve recording or transmitting visual
images; provided, that none of the requirements contained in the immediately
preceding sentence will apply to the operation of a UAS by public entities
during an emergency.
(2)
Provide the
director of health and safety offices with a copy of either:
(a)
The remote pilot
in command's valid and unexpired remote pilot certificate, and a list of any
operational waivers the remote pilot in command has received from the FAA;
or
(b)
A copy of the valid and unexpired COA.
(3)
Obtain
the written permission of the director of health and safety offices as to the
time, place, and manner of the proposed UAS operation.
(F)
Sanctions
Any violations of university policies
by an individual will be dealt with in accordance with applicable university
policies and procedures, which may include disciplinary actions up to and
including termination from the university. Legal prohibitions regarding
physical presence on campus/trespassing and other legal action may also be
pursued against third parties that operate UAS in violation of this rule. Fines
or damages incurred by individuals or units that do not comply with this rule
will not be paid by the university and will be the responsibility of those
persons involved.
